Most state laws and the rules of racing says that the racetrack pays off on the "official" winner. If a horse is later disqualified for any reason that would not change the fact that the horse was the winner when the race was declared "official". Thus a lawsuit would have no merit as the track was following the rules and the mutual department did what they had to do by law. I can't think of any way to change this as the drug tests usually take about a week to clear. I'm sure nobody wants to wait a week to get paid.
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